ILLINOIS POLLUTION CONTROL BOARD
December
2,
1982
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
Complainant,
v.
)
PCB 79—145
THE CELOTEX CORPORATION
AND PHILIP CAREY COMPANY,
)
Respondents.
ORDER OF THE BOARD
(by
I.
G.
Goodman):
On November
5,
1982 Respondents filed Motion to Disqualify
the hearing officer in this matter.
This case was begun in
1979;
Respondents represent that the hearing officer’s relationship
and possible conflict was known to it by November,
1980;
and that
it also knew the Complainant had waived any possible claim to
conflict of interest.
Respondents further represent that so far
depositions have taken place and a fourth Motion for Discovery
has been made.
Respondents cite Ill.
Rev. Stat.,
1982,
ch.
11OA,
par. 67(a)
in support of
its Motion.
The Board refers Respondents to para-
graph
(b)
of that same statute.
Although not bound by the Civil
Practice Rules, the Board finds that the relationship is remote
and reassignment to a hearing officer unfamiliar with this matter
would be disadvantageous,
and possibly create an unnecessary
hardship for the parties.
The Board, therefore,
reaffirms
its
October
14,
1982 Order.
Motion is denied.
IT
IS SO ORDERED.
I,
Christan L. Moffett, Clerk of the Illinois Pollution
Control Boa~d,hereby certify1 that the above Order was adopted
on the
J’~’’
day of ~
—,
1982 by
a vote
of
-~t’.
~ /
.;.,
~
:
/
Christan
L. Moffe~,/Clerk
Illinois Pollution. Control Board
50-23